S. R. Vyas, J. –

1. This appeal by the above-named appellant is against his convictions under sections 376 and 366 of the Indian Penal Code and sentences of life imprisonment and ten years' imprisonment with a fine of Rs. 1000/- in default of payment of which to further rigorous imprisonment for two years, respectively, awarded thereunder by Shri K.B. Khare, Second Additional Sessions Judge, Gwalior, Both the sentences were ordered to run concurrently.

2. The prosecution case against the appellant in the trial Court was as under :-

The accused-appellant and Ku. Basanti (PW. 4), daughter of Shriram (PW.2) were residents of Ramnagar which is within the limits of Gwalior Municipal Corporation Shriram (PW. 2) was an employee of the Gwalior Rayon Mills in Birlanagar, Gwalior. Chhotelal, the younger brother of the accused was running a fuel-wood stall in the neighbourhood of the house of Shriram (PW. 2) Occasionally, the accused also used to sit at this stall and, presumably, was on talking terms with Ku. Basanti (PW.4).

3. On 3-9-1972, Shriram (PW. 2) had gone to the Mills to attend to his duties. During his absence and the absence of his wife Smt. Saraswati (P W. 3), the accused at about 11 A.M. went to Ku. Basanti and represented to her that since her father was not well, she was wanted by him. On this representation, Ku. Basanti left her house, but the accused, instead of taking her to her father, took her in a tempo to Bada, a busy locality in Gwalior where Ku. Basanti enquired from him as to where was the Gwalior Rayon Mill, where her father was employed. The accused then told her that her father had gone to the house of Pappu (another accused discharged by the Committing Magistrate) in Taraganj and when she accompanied the accused to Taraganj she found that her father was not there also. On being asked by Ku. Basanti, accused threatened her and dealt a couple of blows with a stick, Apprehending that the accused, who was previously convicted for murder but acquitted in appeal might kill her also, she remained quiet.

4. At the house of Pappu, the accused put vermilion mark (Sindur) on the head of Ku. Basanti and provided a pair of Bichuas (a silver ornament worn only by married woman). She was also given new clothes provided by Pappu and during the night the accused and Pappu took her to the Railway Station, Gwalior, from where she was taken to Bhopal, At Bhopal, Ku. Basanti was kept at the house of Gyasiram, brother of the accused, for three days. At the residence of Gyasiram, the accused had sexual intercourse with her both against her will and without her consent. She was then asked by the accused to return to Gwalior, where a marriage ceremony was proposed to be solemnised in Court. Ku. Basanti, believing that at Gwalior she would be able to meet her parents, accompanied the accused and reached Gwalior on 12-9-1972, where the accused took her to the house of Nathusingh (PW. 6). When Ku. Basanti left her house, she had a wrist-watch and a gold necklace which were taken out of her possession by the accused.

5. In the meantime, Shriram (PW. 2), finding his daughter Ku. Basanti and the accused missing from Morar, went out in search for both of them, but, finding that neither of them could be traced, went to the Morar Police Station on 6-9-1972 and lodged the report (Ex. P 7) in which he reported that his daughter and the accused were missing and that he was of the conviction that she must have been taken away by the accused. When on 12-9-1972 the Station House Officer of Morar Police Station received information that the accused had returned to Gwalior and was at the house of Nathusingh (P.W.6), he recovered Ku. Basanti from his house vide Ex. P-4 and the accused was arrested vice Ex. P-11. After recovery of Ku Basanti, she was referred to for medical examination and Dr. (Ku.) Kusum Ghode, who examined her, found that she was about 14 years old and the examination of her private part indicated that she had recent sexual inte